S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4247
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2023
                                ___________
 
 Introduced by M. of A. MILLER -- read once and referred to the Committee
   on Real Property Taxation
 
 AN  ACT  to  amend the real property tax law, in relation to an employer
   sponsored retirement plan
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subparagraph  (ii)  of  paragraph (b) of subdivision 4 of
 section 425 of the real property tax law, as amended  by  section  1  of
 part B of chapter 59 of the laws of 2018, is amended to read as follows:
   (ii)  The  term "income" as used herein shall mean the "adjusted gross
 income" for federal income tax purposes as reported on  the  applicant's
 federal  or  state income tax return for the applicable income tax year,
 subject to any subsequent amendments or revisions, reduced  by  distrib-
 utions,  to  the  extent  included  in  federal  adjusted  gross income,
 received from an individual retirement account and an individual retire-
 ment annuity AND AN EMPLOYER SPONSORED RETIREMENT PLAN; provided that if
 no such return was filed for the applicable income  tax  year,  "income"
 shall mean the adjusted gross income that would have been so reported if
 such  a  return  had been filed.   Provided further, that effective with
 exemption applications for final assessment rolls to be completed in two
 thousand nineteen, where an income-eligibility determination  is  wholly
 or  partly  based upon the income of one or more individuals who did not
 file a return for the applicable income tax year, then in order for  the
 application  to be considered complete, each such individual must file a
 statement with the department showing the source or sources  of  his  or
 her  income for that income tax year, and the amount or amounts thereof,
 that would have been reported on such a return if one  had  been  filed.
 Such statement shall be filed at such time, and in such form and manner,
 as  may  be  prescribed  by  the department, and shall be subject to the
 secrecy provisions of the tax law to the same  extent  that  a  personal
 income  tax  return would be.   The department shall make such forms and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08396-01-3
              

 A. 4247                             2
 
 instructions available for the filing  of  such  statements.  The  local
 assessor  shall  upon  the request of a taxpayer assist such taxpayer in
 the filing of the statement with the department.
   § 2. This act shall take effect immediately.